Prosecutor Setback in Martinelli's Odebrecht Trial

The Public Prosecutor's Office suffered a setback last week when it presented witnesses who failed to link former President Ricardo Martinelli to any irregularities or the use of illicit funds, according to the assessment given by defense lawyers, who described the testimonies as "favorable". The Prosecutor's Office also stumbled last week due to difficulties in not presenting its witnesses for their appearance. Alfredo Vallarino, lawyer for former President Ricardo Martinelli, reiterated that none of the witnesses presented by the Prosecutor's Office referred to facts that could criminally compromise his client. The trial for the Odebrecht case begins a new week that will continue with the appearance of defense witnesses, after last week the Prosecutor's Office stumbled both due to the absence of witnesses and testimonies that failed to demonstrate alleged irregularities or the use of illicit funds. Last Friday, the Prosecutor's Office was criticized for the non-appearance of witness Olmedo Méndez Tribaldos, which, according to Prosecutor Ruth Morcillo, could not be located, despite having the subpoena. "It cannot be that the Prosecutor's Office seeks a conviction sentence without reviewing the witnesses and basing its arguments on these depositions that have not been ratified," he concluded. On the other hand, none of the witnesses last Friday had any reference or relation to the accusation made against Ricardo Martinelli in the indictment, he said. "The Prosecutor's Office's theory is going to prove other facts that have no relation to Ricardo Martinelli Berrocal," he stated. Regarding the message sent by the non-location of these witnesses, first, it is worrying, indicated Carrillo. Similarly, witness Yara Campos discarded the illegality of Odebrecht's donations and denied reports on these contributions. At this point, jurist Alfredo Vallarino commented that these were being hidden. "And Odebrecht, as has been certified, at that time had no kind of report or alert for the purpose of some precaution to receive some kind of donation and was even reported to the Electoral Tribunal, that, on the one hand". Second, for the defense, what is unacceptable is that "the right of contradiction is not guaranteed with collaborating witnesses who had the obligation to be present and whom we hope the judge, as has been said previously, will not give value to witnesses who have not been allowed to be examined by the defense". Judge Baloisa Marquínez indicated that in accordance with article 2044, persons who have been summoned as witnesses and do not appear without a justified cause will be fined and proceeded to fine Méndez Tribaldos with $100. After this stage, which is expected to last all week, the stage of arguments will begin, first of the Prosecutor's Office and then of the defenses, explained lawyer Carlos Carrillo. "They brought two witnesses who have exhibited themselves like seals in a circus." Meanwhile, lawyer Carrillo reiterated that it has become clear that the political donations that Mr. Martinelli received in 2009, not being a public official, exclude him from any relation to any crime or act of corruption; "at that moment he was not even a public official and was a politician in a political campaign." Additionally, he maintained that the expert himself admitted not knowing the origin of the funds. Expert Antonio Lim was clear in stating that Martinelli did not commit any illegality, that the funds received correspond to a period in which he was not a public official and that there is no evidence that they came from illicit activities, said Vallarino. And, that's not all, but he also withdrew his report without reviewing financial statements. After concluding the hearing, the judge will enter the stage of resolving, who will have 30 days from the transcription of the hearing, detailed the jurist. "Imagine if they bring the 15," he said.